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(영문) 수원지방법원 2020.11.18 2020가합10117
총회결의 무효 확인
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

The defendant is a company-level trade union of the defendant, the defendant, the company-level trade union of the defendant, the company-level trade union of the defendant, the company-level trade union of the defendant.

On October 10, 2019, the defendant issued the following public notice under the title "case of a temporary general meeting":

(2) On October 17, 2019, the number of days: The number of ballot-counting on October 17, 2019 (hereinafter referred to as “the number of days of closure and meal hours”): The number of ballot-counting on October 17, 2019 (18:0~6) the number of voting hours of the standing members and negotiating members: the Defendant, on October 17, 2019, conducted a total voting (hereinafter referred to as “instant voting”) on the agenda “decision on whether to join a standing organization (H trade union”)” against all members pursuant to the above public notice.

As a result of the above voting, 711 of 773 members participated in the voting, and 507 of them approved the above agenda.

(hereinafter “instant resolution”). Article 21 (Election of Representatives and No-Confidence)

2. Representatives shall be elected by direct, secret and anonymous ballot of members.

Article 22 (Functions of General Meetings and Representatives) General Meetings shall deliberate and decide on the following matters:

(Functions of General Meeting)

1. Election of officers and non-Confidence;

2. Admission to and withdrawal from an associated organization;

3. Resolution on industrial actions;

4. Other important matters (Functions of Delegates).

1. Collective bargaining;

2. Compilation of budgets and approval for settlement of accounts;

3. Establishment, management, or disposal of funds;

4. Merger or split-off of unions;

5. Application for mediation;

6. Election of representatives dispatched to franchises;

7. Resolutions for appointment of labor-management negotiation members.

8. Establishment, and amendment of bylaws;

9. Other important matters: Provided, That the provisions of paragraphs (4) and (8) shall be decided with the attendance of a majority and the concurrent vote of two thirds or more.

Article 28 (Election of No-Confidence of Officers) The election of the chairman shall be granted at the general meeting, and the election of the head of a branch office, at the general meeting of members with votes of a majority or more of the voters in secret voting of members.

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